Criminal Procedure Code, 1973, Section 205, Indian Penal Code, 1860, Section 498A, 323, 406, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Dispensing with personal attendance of accused - Cruelty - Dowry demand - Allegations against husband and his family members - Wife alleged that she was subjected to cruelty in respect of unlawful demand of dowry - There are..........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Testimony of eye witness/PW7 - Police statement of PW7 recorded after 20 days of incident - No evidence on record to show that after the incident, said witness had immediately left village and was not available for recording his statement - Statement of PW7 does not appear to be worth credence...........
Return of gold ornaments -- Entrustment of 53 sovereigns of gold by wife to respondents for safe keeping - Due to domestic and informal nature of such transactions, she would not be in a position to produce documents or independent witnesses to prove entrustment - Court has to adopt a pragmatic approach and decide the issue of entrustment on the principle of preponderance..........
Specific Relief Act, 1963, Section 38 -- Suit for bare injunction - When plaintiff is in possession of suit property on the date of filing of suit, other than issue regarding possession in a suit for permanent injunction, Court cannot touch upon title issue - Suit rightly decreed on basis of oral and documentary evidence placed on record...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - No document, affidavit or income proof filed to indicate that wife is engaged in any gainful employment or possesses any financial resources of her own - Mere bald assertions made by husband cannot substitute evidence, especially in maintenance proceedings and sustenance of wife and child who are unable to..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Divorce proceedings - Question of determining paternity of child does not arise, unless husband disputes that he is not father of child and makes out a specific case of having no access to wife and rebuts presumption u/s 112 of the Act...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Divorce proceedings - Mere fact that wife conceded the request to undergo DNA test of child, still it was obligatory for Court to consider best interest of child - No one can be compelled to undergo blood test - Moreover, in case of a minor child, he is not capable of taking decision of agreeing to test or..........
Indian Penal Code, 1860, Section 366, 376(2)(i), 324, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Kidnapping and rape of 9 years old girl - Name of accused not mentioned in FIR - FIR was registered against unknown person - Incident took place in the night hours - Victim did not identify person who kidnapped her as it was dark and she could not..........
Indian Penal Code, 1860, Section 302, 353, 448, 149 -- Murder - Appellant `R' assaulted deceased on the head with stone in presence of PW1, PW2 and PW5 and their evidence proved beyond doubt about act of appellant `R' - Although in postmortem report cause of death has not been specified with respect to a particular injury but on a plain reading of postmortem report it can..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that cheque and other documents are null and void - Trial Court based on FIR registered by plaintiff against defendant has straightaway taking version pleaded by plaintiff as conclusive proof decreed the suit without considering fact that FIR was registered based on statement given by plaintiff..........
